- 1 - HC-KAR CNR: KAHC010152202022 NC: 2026:KHC:38847 MFA No. 2937 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K MISCELLANEOUS FIRST APPEAL NO.2937 OF 2022(MV-I) BETWEEN: RANGAMMA AGED ABOUT 60 YEARS W/O NARASIMHAMURTHY R/O 15/2, 1ST MAIN ROAD, 2ND CROSS NAYAKARA BEEDI INKAL, MYSURU-570 001 …APPELLANT (BY SRI. PRAKASHA H.C, ADVOCATE) AND: 1. VINOD K.V S/O VITTALA K AGED ABOUT 41 YEARS BUSINESS R/O KALA NILAYA THENKILA, PUTTUR MANGALURU DISTRICT 574 201 (OWNER OF THE MARUTHI SVDI VDI CAR BEARING REG. NO. KA-21/N-0663) 2. THE UNITED INDIA INSURANCE CO. LTD PRABHU BUILDING OPP. ARUNA TALKIES MAIN ROD, PUTTUR, Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010152202022 NC: 2026:KHC:38847 MFA No. 2937 of 2022 MANGALURU DISTRICT 574201 (INSURER OF THE MARUTHI CAR) 3. NIRMALA G W/O P. GANESHAN MAJOR R/AT NO. 2/253 MANICKANANTHAM PARAMATHI POST, P. VELLUR TALUK NAMAKKAL DIST RICT TAMILNADU 637207 (INSURED OF THE ASHOK LEYLAND LORRY) 4. THE NEW INDIA ASSURANCE COMPANY LTD., NEW INDIA ASSURANCE BUILDING 87, M.G. ROAD, FORT, MUMBAI-400 001 (INSURERE FO THE ASHOK LEYLAND LORRY ) …RESPONDENTS (BY SRI. B.C SEETHARAMA RAO, ADVOCATE FOR R2, NOTICE TO R1, R3 AND R4 - DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 01.03.2021 PASSED IN MVC NO.132/2017 ON THE FILE OF THE SENIOR CIVIL JUDGE AND MACT, KADUR, CHIKKAMAGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR CNR: KAHC010152202022 NC: 2026:KHC:38847 MFA No. 2937 of 2022 CORAM: HON'BLE MR. JUSTICE RAJESH RAI K ORAL JUDGMENT 1. The claimant, being dissatisfied with the compensation of Rs.3,42,057/- awarded by the Tribunal, is in appeal. 2. The fact that the accident occurred and the further fact that the offending vehicle was insured is not in dispute. 3. The Tribunal, on assessment of evidence, has awarded the following sums as compensation: Sl. No. Particulars Amount in (Rs.) 1. Medical expenses 1,46,657 2. Future loss of income 72,900 3. Loss of income during laid up period 2,500 4. Conveyance charges 30,000 5. Pain and sufferings 70,000 6. Food, nourishment and attendant charges 20,000 Total 3,42,057 4. The Tribunal, on analysis of the medical evidence, has rightly concluded that the claimant has suffered permanent disability to the extent of 9% to the whole body. - 4 - HC-KAR CNR: KAHC010152202022 NC: 2026:KHC:38847 MFA No. 2937 of 2022 5. The Tribunal has determined the monthly income, notionally at Rs.7,500/- per month. Since there is no credible documentary evidence to ascertain the actual monthly income, it would be appropriate and prudent to adopt the monthly income determined by Karnataka State Legal Services Authority, which, for the accident of the year 2016, would be Rs.9,500/-. 6. As the claimant was aged 60 years, the Tribunal has rightly applied a multiplier of '9'. Consequently, the claimant would be entitled to a sum of Rs.92,340/- (9,500 x 12 x 9 x 9%) towards 'loss of future income' as against the sum of Rs.72,900/-. 7. Having regard to the nature of injuries suffered by the claimant, the claimant would be entitled to Rs.28,500/- (9,500 X 3 months) towards 'loss of income during the laid up period' as against the sum of Rs.2,500/-. 8. Having regard to the lasting effects of the injuries on the claimant, I deem it just and appropriate to grant sum of Rs.30,000/- towards 'loss of amenities'. - 5 - HC-KAR CNR: KAHC010152202022 NC: 2026:KHC:38847 MFA No. 2937 of 2022 9. Having regard to the future treatment for the injuries suffered by the claimant, I deem it just and appropriate to grant sum of Rs.30,000/-. 10. The sum awarded as medical expenses at Rs.1,46,657/- being based on the documentary evidence, do not call for modification and hence confirmed. 11. The sums awarded under other heads of compensation granted by the Tribunal, remains unaltered. 12. Consequently, the award of the Tribunal is modified and the claimant would be entitled to the following compensation: Sl. No. Compensation under different Heads As awarded by the Tribunal (Rs.) As awarded by this Court (Rs.) 1. Medical expenses 1,46,657 1,46,657 2. Future loss of income 72,900 92,340 3. Loss of income during laid up period 2,500 28,500 4. Conveyance charges 30,000 30,000 5. Pain and sufferings 70,000 70,000 - 6 - HC-KAR CNR: KAHC010152202022 NC: 2026:KHC:38847 MFA No. 2937 of 2022 6. Food, nourishment and attendant charges 20,000 20,000 7. Loss of amenities --- 30,000 8. Towards future medical expenses --- 30,000 Total 3,42,057 4,47,497 13. Thus, the claimant is held entitled to the total compensation of Rs.4,47,497/- as against Rs.3,42,057/-. For enhanced compensation the claimant would be entitled for 6% interest per annum from the date of petition till its realization. 14. The Insurance Company is directed to deposit the amount of compensation awarded within six weeks from the date of receipt of a certified copy of this judgment. The appeal is accordingly allowed in part. SD/- (RAJESH RAI K) JUDGE CR List No.: 1 Sl No.: 9